특수상해
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts and improper sentencing) 1) Although there was a fact that the Defendant, as stated in the facts charged of this case, misunderstanding of the fact, told with the victim, a dispute, and a body fighting at the time and place indicated in the facts charged of this case, he did not point out the fact that the victim’s fights on the ground that it
Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
2) The sentence of the lower court (one year of imprisonment, two years of suspended execution) which is unfair in sentencing is excessively unreasonable.
B. The prosecutor (unlawful in sentencing)’s sentence is unreasonable as it is too unhutiled.
2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. The Defendant of the facts charged in the instant case was aware of the fact that, from around 16:00 to 17:00 on February 27, 2017, the victim D (37 tax) who is a workplace partner in the ward in the ward in the 303 dwelling space in the Cheongju-si building C (303) of the Cheongju-si, had had a desire to take the television and take a bath to her, and had the victim in a dispute, and “the victim blapededed
“The victim sent the victim to the above C building parking lot, and laid the brick, which is a dangerous object on the parking lot floor, was removed from the victim once.
As a result, the defendant carried dangerous articles and carried about about three weeks of treatment to the victim, an open head, etc. in need of treatment.
B. The judgment of the court below and the court below of this case: (1) The victim merely caused the wound in the course of drinking or body fighting, when viewing that the victim was using a photo with a reflect warehouse attached to this end, the shape of the body, and the body booming at the hospital after the day of this case.
The fact that it is difficult to see it as a reflabed material and can be seen as a flabed body, ② Workplace East E also shows that the flab “flabed sound out of the flabed body, the victim D has flabed the blab, and led the Defendant flab, and the victim was 4 cm in length and one m in depth.